In connection with the Public Offer Agreement concluded between the Parties, the Parties will exchange certain information, materials, documentation of a confidential nature and being the exclusive property of the disclosing Party.
Since the Parties wish to ensure that such information, materials, documents will be treated by each other as confidential information and will be reliably protected, subject to the obligations assumed under the Public Offer Agreement, the Parties accept and agree to comply with the following conditions:
- Each party undertakes not to disclose, transmit in any form (oral, written, electronic, or otherwise), make available to third parties, or use the confidential information of the other party for its own benefit or for other purposes not related to this Agreement, without the prior permission of the providing Party, except in cases where disclosure is required by the legislation of the Republic of Kazakhstan or by official requests of authorized state bodies.
- Confidential information under this Agreement, with respect to each Party, means any information (whether oral, written or electronic) belonging to or relating to a Party, its business activities, and is not publicly-available, which:
- is designated by the providing Party as confidential;
- because of its nature or origin, in a similar situation and under similar conditions, should be reasonably regarded by the Parties as confidential;
- directly related to the performance of the agreement(s) concluded between the Parties, including: any source data and information relating to the business and financial activities of the Party, the Party's intellectual property, information on R&D and the results, information on the Party's business methods and practices.
- For the purposes of this Agreement, the following information shall not be confidential: conclusion of this Agreement, the name and general characteristics of joint works and projects, information about the Parties in general.
- Each party undertakes to comply with the conditions necessary to protect confidential information of the other Party, received or learned as a result of cooperation of the Parties, and to prevent unauthorized access to it by any third parties.
- Each party shall ensure that any confidential information received from the other party is made available to its employees, partners or representatives only on a need-to-know basis, and that they are notified of its confidentiality and sign a Non-disclosure Agreement.